How to get the right adjudicator for your adjudication My March commentary reminded us that 28-day adjudication has been with us for just 12-years and made a big difference. In April, I coaxed you to appoint a person in charge of watching out for disputes, "A dispute watcher". My advice in May was about getting an adjudication under way. This time let's have a look at getting the right...
Read more...
Dispute Watch: What 28 days of adjudication will mean for you Let's call it "Dispute Watch". It's 12 years now since mandatory 28-day Adjudication was invented. What that 28-day period really means is that if you are the Responding/ Defending Party in an adjudication began this morning you have to drop everything and get on to the adjudication; yes now... before noon.
Read more...
NEC 3 Project Manager's Decision Making Role This short guide explains the decision making powers available to a Project Manager under and NEC 3 contract. The Project Manager (PM) in the NEC 3 Contract documents is frequently caught in a real bind. Among the large number of functions both great and small are those, which call upon him to decide matters of opinion and do so founded on...
Read more...
Adjudicator Nominating Body - what we do. An adjudicator nominating body appoints adjudicators to help bring resolution to a dispute arising under a construction contract. There are many of them around and parties are free to approach them to help them appoint an adjudicator. We take a look under the hatch of nec-adjudicators.org to see what it is all about and how it works in practice.
Read more...
What is Adjudication? Let's have a re-cap. Back in March, I told you about 12 year old Adjudication. In April and May, I had a look at watching for disputes and getting an adjudication underway. In June, we also looked at different ways of getting the right adjudicator for your adjudication. This month: it's all about what an adjudication really is.
Read more...
How to help an adjudicator adjudicate It's just about 12-years since "Adjudication" under building & civil engineering contracts was invented. Invented not by lawyers (some poo-poohed it); invented by our construction industry especially for construction. And in that time, and in the more than 250 times having been the adjudicator, I have seen it change, settle down,...
Read more...
NEC 3 - Some Background The NEC family of building and engineering contract documents are designed to help contractors and clients avoid disputes. If they do happen, the principal dispute resolution procedure remains adjudication. Here is some more background.
Read more...
Adjudication under the NEC3 document We've previously taken a look at what an adjudication is and what you might want to think about when a dispute needs adjudicating. This month, we're looking at adjudication under the NEC3 document and think about some specific aspects of appointing an adjudicator under this type of contract.
Read more...
Adjudication under the JCT contract Last month, we took a look at adjudication under NEC3 and noted that you need to find an adjudicator with experience in the field. This month, we're looking at adjudication under a different form of construction contract: The JCT contract form.
Read more...
A brief guide to JCT Contract Documents Last month we had a brief look at the different types of NEC 3 contract forms and pointed out that the language used is industry friendly as opposed to lawyer friendly. To give some balance to the discussion, here is a run down of JCT contracts. We'll let you decide which is more appropriate for you.
Read more...
International disputes under NEC The NEC documents are used widely in the UK construction industry. However they do also get used internationally. John Redmond examines how they are used and why the rules of the game might be very different to when they are used in the UK.
Read more...
Snow Patrol: A Weather Warning for NEC 3 As we head towards another winter, for many construction professionals the memories of last year's Christmas snow and freezing weather have now faded. For others however those memories linger on in unresolved arguments about weather claims. Guest contributor, Michael Conway explains.
Read more...
Contractor's Float Readers will probably be aware that one of the issues that often arises in construction disputes regarding extensions of time is the issue of who owns the contractor's float in his programme. Contractors invariably include a contingency period in their programme of works. This can be either a contingency specific to a particular item on the...
Read more...
Compensation Events under NEC 3 - Health Warning The NEC 3 contract has attracted much attention, at least in the construction industry, with its wide spread adoption in prestigious contracts including the London 2012 Olympic Games. It is not without its critics though. Love it or hate it, as Nigel Ribbands explains, it should come with a health warning attached.
Read more...
NEC 3 Risk Register: A valuable management tool? The NEC 3 has something called a Risk Register. This week, guest contributor Robert A Sliwinski takes a look at what it is for, how to administrate it, why you should watch out for compensation events and asks if it is a valuable management tool overall.
Read more...
NEC 3 Project Manager's Powers and Duties This guide explains the roles and responsibilities of Project Managers under the NEC 3 construction contract. The relationship between the Employer, Contractor(s) and Project Manager are explained. Here the role of the Project Manager in managing time, testing and defects, payments, compensation events, title, risks and insurance and finally...
Read more...